Can an idea be patented, can an idea be patented

Patents can be applied for.

The Patent Law stipulates that as long as the technical solution can be implemented and realized by a person skilled in the art, a patent can be applied. Therefore, the question is not whether the technical solution is a physical object, but whether the technical solution can be truly realized and transformed into a physical object. You can write your idea into a technical disclosure letter, and let the patentee expand and add technical solutions to you, and you can apply.

If it's software, you can write it as a virtual device when you write a patent. The lack of technology you are talking about to make this idea come to fruition may be that you don't understand what other technical areas need to do to make this platform a reality. But in the eyes of those skilled in other fields, it is achievable.

For example, I add GPS to the camera so that my location can be shown in the ** I shoot. However, I have not actually completed this physical object, so as long as my technical solution can be technically realized in the relevant technical field, then I can apply for an invention patent. The device claims can be virtually written as such as a camera module, a geographic information acquisition module, a display module, etc.

This kind of virtual device is commonly used in communication and electricity, and in my practical experience, it can indeed be authorized.

Of course, you can, as long as the scheme is novel, creative and practical. If there is no problem with the application documents submitted by then. After the examination is passed, the State Intellectual Property Office will grant the applicant the patent right.

However, the following conditions need to be met:

1. The idea must not violate the provisions of the law or public order and good customs;

2. The idea is an invention and a utility model, and should be novel, inventive and practical;

3. Other conditions that need to be met.

So how long is the validity period after the patent application is successful?

1) The term of the invention patent right is 20 years;

2) The term of the utility model patent right is ten years;

3) The term of the patent right for the design right of the closed view of the town is 15 years.

So why is there a validity period for patents?

In view of the fact that a patent right is an intangible property right, and unlike ordinary property rights, there is no question of the natural termination of the right due to the disappearance of the subject matter, the patent laws of various countries stipulate the term of the patent right for the following reasons:

The patented technology itself has the characteristic of gradually losing its property value with the passage of time and the improvement of the technical level;

Patent rights have been monopolized for a long time, which is not conducive to the progress of science and technology and the development of the industry as a whole.

To sum up, an idea can be patented, but it needs to meet certain conditions, and the patent is not permanent, after expiration, it becomes a disclosed technology, so it needs to be maximized for its period, do you understand?

Legal basis. Article 2 of the Patent Law of the People's Republic of China The term "invention-creation" as used in this Law refers to inventions, utility models and designs.

An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

Article 22 of the Patent Law of the People's Republic of China for which a patent right is granted shall be novel, inventive and practical. Novelty means that the invention or utility model does not belong to the prior art; There is also no unit or individual for the same invention or utility model before the filing date to the patent administration department Yuzheng, and the state of the state and published after the filing date of the patent application documents or published patent documents. Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects. For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.

Article 42 of the Patent Law of the People's Republic of China The term of an invention patent right is 20 years, and the term of a utility model patent right and a design patent right is 10 years, both of which are calculated from the filing date.

1. Creativity is a kind of thinking, including logical thinking, image thinking, divergent thinking, fuzzy thinking, reverse thinking, systematic thinking to understand a variety of cognitive ways to work together, effect, at the same time, creativity is also a breakthrough, product marketing, system, market and other aspects of the proposition breakthrough.

2. Creativity can be divided into creative industry, creative market, creative design, creative gifts, creative home, and other creative ideas. Creativity also belongs to a person's personal assertion thinking, but also can apply for patent protection, patent application is divided into invention patent application, applicable to practical patented products that meet the needs of the public, Zheng Xiaozhao design appearance decoration patent application, invention patent application is the research and development of some new products, the product is constantly improved and updated, and some new elements can also be added on the basis of the previous old products, so as to become their own products, Applicable to practical patented products are mainly based on the different needs of the public to improve the appearance or product function and research and development, design patent application, mainly for the product, shape, color pattern, size, appearance, artistic, aesthetic and suitable can be applied to the new industrial design. The scope of the patent for creativity is very wide, so you should choose the patent that is similar to your own idea to apply for.

3. When applying for a patent, we need to communicate, due to the high requirements for professional knowledge, so it is generally operated by a professional person, and then the patent engineer will help us write a patent technical disclosure, before applying for a patent search, the patent search is mainly to ensure the novelty of the bridge to ensure that there are other people have already applied, and then we need to submit the application information, there are patent applications and specifications, the ID card of the patentee, a copy of the rent and other proofsThe next step is to accept the patent at the patent office, and the national intellectual property department will send a notice of acceptance to the patent applicant after accepting the patent application documents, and we should pay the relevant fees to the patent office within two months from the date of receipt of the acceptance notice, and the documents will enter the examination stage after acceptance, and the examination result is no problem, and the certificate can be issued after the examination is completed, and then the patent right can be obtained.